I want to be executor

ADDITIONAL INFORMATION:

Hello. My sister is the executor of my moms estate. I live with my mom, take care of my mom, take my mom to dr, make sure shes fed and clothed, etc. My mom is elderly.  My sister does absolutely nothing for our mom– no visits, no contact, no doctor visits — nothing at all.  But she is in charge of the money and bank account my mom received for my dads wrongful death lawsuit. My sister refuses to give us money or even tell us about the account. How can I become executor of this account in order to take care of our mom

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Can I get some sort of custody for my newborn half sister?

ADDITIONAL INFORMATION:

My parents seperated when i was 7, im now 20. My dad and his wife are having a baby girl in a few weeks but with mines & dads wifes history… she is not allowing me nor my brother to be apart of our sisters life. both my brother and i want to be apart and active in her life, is there any sort of custody we can get without making the situation worse?

ATTORNEY ANSWER BY MARGARET L. CROSS:

You have no rights to demand visitation or custody if the child’s parents are living and treat her well. Not allowing you in her life will not be considered abuse by the court system.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The probate litigation attorneys attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

What do I do if the other parent claimed our child on their taxes?

ADDITIONAL INFORMATION:

According to the child support agreement I’m suppose to claim our child for even tax years while she can claim her on odd tax years. So for this year’s tax season(2016 tax season) the mom claimed our child on her taxes, before I can file my taxes. Now, I can’t file my taxes while claiming our child. What do I do to fix this to be able to claim our child for my taxes this year?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Report your deductions on your own tax return. If she has already claimed the deduction, the IRS will disallow your claim and at that point, you can provide proof that you are the custodial parent. The IRS will then disallow your ex-wife’s deduction and allow yours.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The tax attorneys at the Beliveau Law Group provides legal services for taxation. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

If I was omitted from a will do I have the right to receive a copy of the will? And do I have to sign a paper i won’t contest?

ADDITIONAL INFORMATION:

Dad just passed away my aunt who is executor told me I was omitted from will.  I don’t trust. Will I still be entitled to original copy or just get a paper saying I will not contest and if I don’t sign what happens?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Once the personal representative submits the Will to the Probate Court for probate with the petition, all heirs at law are notified that the will has been submitted, whether they are to receive a bequest or not. The Will is on record at the Court. You can obtain a copy. You will have the opportunity to object to the Will at that time. You are not required to sign away your rights.
If you have been omitted and you feel that you want to object to the will, you should retain an attorney. There are filing requirements that must be met. Also, if your aunt delays in filing the Will, you should retain an attorney to force her to file the Will.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The probate litigation attorneys attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

Package delivery is a headache for landlords, condos

The explosion of online shopping has created a big headache for landlords and condo associations – what should be done about the deluge of packages being delivered to residents?

Staff at large apartment buildings often strain under the effort to accept, sort and deliver hundreds of packages. Smaller landlords and condo associations are striving to figure out the best policy: Should packages be left outside, where they are vulnerable to weather and theft? Is there a better, workable way to get them to tenants and unit owners?

Camden Property Trust, a huge landlord with 59,000 apartment units in 10 states, recently announced that it was banning package deliveries altogether. Camden tenants must now pick up packages at a post office, or else have them shipped to their workplace or to the home of a friend or relative. [Read more…]

If you own real estate, you need a will

Anyone who owns real estate needs to have a will that indicates what should happen to the property if he or she suddenly passes away.

You might assume you know who would inherit the house, but without a written will, the inheritance would be decided by state-law rules that might not be exactly what you’d expect.

Even if the house ultimately goes to the person you want, the lack of a will might mean that ownership of the house remains in legal limbo for an extended period of time. This can create unnecessary complications when it comes to paying property taxes and arranging for continued utilities and insurance coverage. If you have a mortgage, it can create even bigger headaches. [Read more…]

Buyer sues although property was purchased ‘as is’

A buyer who discovered that her new house was contaminated with mold can sue the seller, even though the house was purchased “as is” and the seller specifically said there might be mold in it, according to the Wisconsin Court of Appeals.

Catherine Fricano bought the house from a bank that had acquired it in a foreclosure. The house had sustained serious water damage, and before selling it, the bank twice paid for mold remediation and repair work.

The bank’s contract with Fricano said that the house was being sold “as is,” that it might have had mold in it in the past, that it might currently have mold in it, and that the bank made no guarantees whatsoever about the condition of the building. The bank also said that since it had acquired the home through foreclosure, it had “little or no direct knowledge about the condition of the property.” [Read more…]

Tax break for selling land next to your house

You probably know that if you make a profit when you sell your house, you can usually avoid paying capital gains tax. In most cases, you can avoid the tax on profits of up to $250,000 (or $500,000 for a married couple).

But did you know that if you sell your house in one transaction and a vacant parcel of land next to your house in a separate transaction, you can also get a tax break?

In many cases, you can combine the two sales and treat them as a single sale subject to the $250,000 or $500,000 exclusion.

That’s true if you sell the adjacent parcel within two years before or after you sell your house, and if the parcel was originally part of your residence and wasn’t used for a separate business or rental purpose.

Beware of this ‘trap’ in commercial insurance

Many commercial insurance policies contain what’s called a “protective safeguards endorsement.” This gives the property owner a break on its insurance premiums if the owner protects the property through a fire alarm, automatic sprinkler system, fire safety service contract, or other method of preventing harm.

Sounds like a good idea, right? It can be … but the trick is that these endorsements typically say that the owner must maintain the system in good working order at all times, or notify the insurance company right away if there’s a problem the owner can’t control. Otherwise, the insurance company won’t pay for any losses.

That means the owner must be extremely careful about maintaining its systems. Also, the owner must be extremely careful about not letting a tenant do anything to compromise the systems. If a tenant is allowed to make minor alterations without the owner’s approval, for instance, how will the owner know if the tenant does something that unintentionally affects a sprinkler system?

These endorsements can be a money-saver, but property owners need to think long and hard about the potential negative consequences.

More parents buy condos for their children in college

A growing trend is for parents to buy a condo for their college-age children to live in, instead of a dormitory. This gives the child more luxurious accommodations (and encourages an environment conducive to studying instead of all-night partying), while creating the possibility that the parents can sell the property at a profit in four years.

There are other financial benefits, too. For instance, suppose that instead of paying the college for room and board, you give the money to your child. You can give your child up to $14,000 a year without paying gift tax, and a married couple can give up to $28,000. Your child can then use the money to pay you rent for the condo. Voilà! You’ve created a rental business that provides tax breaks.

As long as you’re charging your child full market rent, you can deduct your mortgage interest payments as a business expense. You can also deduct other operating expenses, such as insurance, utilities, condo fees, cleaning costs, maintenance and repairs. You may also be able to take a deduction for depreciation. [Read more…]